HomeMy WebLinkAbout07 AMENDED AND RESTATED SCHEDULE OF PARKING PENALTIESMEETING DATE: JULY 16, 2013
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: AMENDED AND RESTATED SCHEDULE OF PARKING PENALTIES
SUMMARY
Adoption of the Amended and Restated Schedule of Parking Penalties as
recommended by the Tustin Police Department would ensure that City fines for parking
violations are current, and consistent with regional standards and legal authority. In
addition, adoption of the Amended and Restated Schedule of Parking Penalties would
standardize, and make internally consistent, the fine amounts assessed for violations of
the Tustin City Code and the California Vehicle Code. Such standardization would
facilitate enforcement efforts and reduce any confusion concerning perceived
inconsistencies in the City's schedule of parking penalties.
RECOMMENDATION
Adopt Resolution No. 13 -48 amending and restating the City of Tustin schedule of
parking penalties, late payment penalties, and related service fees, to be effective forty -
five (45) days following passage and approval by City Council.
FISCAL IMPACT
In Fiscal Year 2011/2012, the Tustin Police Department Traffic Unit issued 8,313
parking citations. The table below uses 2011/2012 figures to illustrate the revenue that
could result from the Amended and Restated Schedule of Parking Penalties. Assuming
all citations are paid on time, the current penalty amounts generate $322,563.00 net
revenue. Under the same circumstances, the proposed Schedule of Parking Penalties
would generate $366,548.00 net revenue, an increase of $43,985.00.
Amended and Restated Schedule of Parking Penalties
July 16, 2013
Page 2 of 5
Parking Violations and Revenue (FY 2011/2012)
Violation
Citations
Issued
Current
Penalty
Revenue
Proposed
Penalty
Projected
Revenue
Street Sweeping
4822
$49.00
$236,278.00
$51.00
$245,922.00
No Parking
Signs/Curbs
1150
$49.00
$56,350.00
$51.00
$58,650.00
Fire Lane/Hydrant
676
$40.00
$27,040.00
$51.00
$34,476.00
Plates/Registration
582
$32.00
$18,624.00
$51.00
$29,682.00
Permit Parkin
527
$49.00
$25,823.00
$51.00
$26,877.00
Handicapped
Parkin
185
$253.00
$46,805.00
$304.00
$56,240.00
Timed Parkin
151
$49.00
$7,399.00
$51.00
$7,701.00
Blocking
Sidewalk/Driveway
64
$30.00
$1,920.00
$51.00
$3,624.00
No Parking Zone
61
$49.00
$2,989.00
$51.00
$3,111.00
18" from
Curb /Double
Parkin
48
$30.00
$1,140.00
$51.00
$2,448.00
Miscellaneous
22
$49.00
$1,078.00
$51.00
$1,122.00
72 Hour Parkin
17
$37.00
$629.00
$51.00
$867.00
Cite Not Received
8
$0.00
$0.00
$0.00
$0.00
Total Penalties
Assessed
State Surcharge
Amount Owing to
City
Increased Net Revenue Under
Amended and Restated
Schedule of Parking Penalties
$426,375.00
$103,812.00
S322,563. 00
$470,360.00
$103,812.00
$366,548.00
$43,985.00
In Fiscal Year 2011/2012, The City's $33.00 late payment penalty was assessed and
collected on 1,830 citations for a total return of $60,390.00. Increasing the late payment
penalties by $2.00, which the Traffic Unit recommends at this time, would increase this
return by $3,660.00 under identical circumstances.
Amended and Restated Schedule of Parking Penalties
July 16, 2013
Page 3 of 5
In Fiscal Year 2011/2012, the Traffic Unit obtained 1,413 DMV registration holds at a
cost of $4.26 per hold, representing an approximate expense to the City of $6,020.00.
Further, the City pays $3.00 per citation on average to its third -party processing agency.
Neither the DMV hold nor the third -party processing costs are recoverable under the
current schedule of parking penalties. Approval of the Amended and Restated
Schedule of Parking Penalties would enable the City to recoup these expenditures.
BACKGROUND /DISCUSSION
City Council last revised the schedule of parking penalties on January 4, 2011,
increasing penalties by $3.00 per violation. This increase offset the State Trial Court
Trust Fund surcharge imposed by Senate Bill 857 (codified at Government Code §
7600.3) and did not affect revenue to the City. Other than changes made to offset
state - mandated surcharges, the last time parking penalties were reviewed and
increased by City Council was 1988.
Pursuant to California Government Code (Gov. Code) Sections 70372, 76000, 76000.3,
76100 and 76101, the City must pay a total of $12.50 in state - mandated surcharges for
each parking citation it collects. The surcharges are disbursed as follows:
State- Mandated Surchar es
County Courthouse Construction
Fund
$1.50
County Criminal Justice
Facilities Construction Fund
$1.50
County General Fund
$2.00
State Court Facilities
Construction Fund
$4.50
State Trial Court Trust Fund
$3.00
Total Surcharge $12.50
California Vehicle Code (CVC) Section 40203.5 authorizes the City Council to establish
parking violation and late payment penalties, and other related charges, subject to
certain exceptions (e.g., CVC § 40203.5 requires a minimum fine of $250.00 for
unauthorized parking in space designated for disabled persons). To the extent
possible, issuing agencies within a county must standardize their parking penalties.
In accordance with CVC Section 40203.5, the Traffic Unit recently surveyed neighboring
cities to determine whether the City of Tustin parking penalties are current and
consistent with regional standards. The following cities were surveyed: (1) Buena Park;
(2) Costa Mesa; (3) Fountain Valley; (4) Fullerton; (5) Garden Grove; (6) Huntington
Beach; (7) Irvine; (8) Orange; (9) Placentia; and (10) Santa Ana. Based on this survey,
the Traffic Unit determined that the City of Tustin parking penalties for both CVC and
Tustin City Code (TCC) violations are generally lower than the fines assessed on
Amended and Restated Schedule of Parking Penalties
July 16, 2013
Page 4 of 5
average by surrounding cities for similar offenses. In no instance does a current City of
Tustin parking penalty exceed the maximum corresponding fine amount uncovered by
the survey.
The Traffic Unit has compiled the Amended and Restated Schedule of Parking
Penalties, attached as Exhibit "A ". The City Attorney has reviewed and approved the
Amended and Restated Schedule of Parking Penalties as to content and form. The
proposed schedule would increase penalties for violations of the CVC by $15.00 on
average (excluding penalties for violations related to disabled parking and accessibility,
which are set in accordance with state law and the Judicial Council of California's
Uniform Bail and Penalty Schedule). The Traffic Unit has endeavored to standardize
the penalty amounts charged for violations of the CVC. Under the proposed schedule of
parking penalties, with the exception of violations related to disabled parking and
accessibility, all of CVC offenses would be punishable by a $51.00 fine. The amended
penalties for CVC violations are generally consistent with the average corresponding
penalty amounts charged by the ten survey cities, and in no instance do the proposed
fines exceed the survey's maximum corresponding penalty amounts.
The Amended and Restated Schedule of Parking Penalties would increase current
penalties for violations of the TCC by $2.00 on average. As with the amended CVC
penalty amounts, the Traffic Unit has endeavored to standardize the penalty amounts
charged for violations of the TCC. Under the proposed schedule of parking penalties,
every TCC offense would be punishable by a $51.00 fine. The amended penalties for
TCC violations are generally consistent with the average corresponding penalty
amounts charged by the ten survey cities, and in no instance do the proposed fines
exceed the survey's maximum corresponding penalty amounts.
The Amended and Restated Schedule of Parking Penalties would reduce current
penalties for violations of the CVC and TCC in four instances:
• Whereas violations of CVC § 4462(b) "Incorrect Registration" are currently
assessed $68.00 — well below the survey high of $120.00 — the proposed
schedule would reduce this fine by $17.00, resulting in an amended penalty of
$51.00.
• Whereas violations of CVC § 4464 "Altered Plates" are currently assessed
$68.00 — well below the survey high of $76.00 — the proposed schedule would
reduce this fine by $17.00, resulting in an amended penalty of $51.00.
• Whereas violations of CVC § 22521 "No Parking within 7 feet of Railroad
Crossing" are currently assessed $60.00 — well below the survey high of
$82.00 — the proposed schedule would reduce this fine by $9.00, resulting in
an amended penalty of $51.00.
Amended and Restated Schedule of Parking Penalties
July 16, 2013
Page 5 of 5
Whereas violations of TCC § 5330(g) "Repairing or Greasing Vehicles on the
Street" are assessed $62.00 under the current penalty schedule — well below
the survey high of $105.00 — the proposed schedule would reduce this fine by
$11.00, resulting in an amended penalty of $51.00.
These reductions would further standardize the City's parking penalties, and are unlikely
to have a discernible fiscal impact because violations of the respective CVC and TCC
sections are rarely cited (See Parking Violations and Revenue (FY 2011/2012) Table
above).
Additionally, the Amended and Restated Schedule of Parking Penalties would: (1) raise
one -time late payment penalties from $33.00 to $35.00 and (2) add a one -time $5.00
service fee in instances where a hold is placed on the vehicle registration through the
Department of Motor Vehicles.
lr
SCOTT M. JOR AN
Chief of Police
Attachment: Resolution No. 13 -48
BRIAN GREENE
Traffic Supervisor
ATTACHMENT N0. 1
RESOLUTION NO. 13 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING AN AMENDED AND RESTATED SCHEDULE
OF PARKING PENALTIES, LATE PAYMENTS, AND RELATED
SERVICE FEES
WHEREAS, the California Vehicle Code Section 40203.5 states "the schedule of
parking penalties for parking violations and late payment penalties shall be established
by the governing body of the jurisdiction where the notice of violation is issued "; and
WHEREAS, the California Vehicle Code Section 40203.5 further provides that
local governments must, to the extent possible, standardize parking penalties; and
WHEREAS, the City of Tustin is obligated to pay a total of $12.50 as a state
surcharge on each parking citation collected pursuant to California Government Code
Sections 70372, 76000, 76000.3, 76100 and 76101; and
WHEREAS, the City Council of the City of Tustin seeks to amend and restate the
monetary penalties imposed pursuant to its schedule of parking penalties for violations
of the California Vehicle Code and the Tustin City Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY TUSTIN,
CALIFORNIA, RESOLVES AS FOLLOWS:
Section 1. Schedule of Parking Penalties
The following Parking Penalties for violations of the Tustin City Code (TCC) and
the California Vehicle Code (CVC), inclusive of the $12.50 state surcharge, are hereby
established:
CVC Section
4462 (b)
Violation Description
Incorrect Registration
$51
4464
Altered Plates
$51
5200 (a)
Display correct number of attached license plates
$51
5201
License plates securely attached /correct placement
$51
5202
Without proper display of license plates
$51
5204 (a)
Missing/improper tabs
$51
21113 (a)
No unauthorized parking on public grounds
$51
22500 (a)
No Parking/Stopping - In Intersection
$51
22500 (b)
No Parking/Stopping - In Crosswalk
$51
Section CVC
.. Description
No Parking/Stopping - Safety zone red curb
$51
22500 (c)
22500 (d)
No Parking /Stopping - Between 15' of fire station
driveway
$51
22500 (e)
No Parking/Stopping - In front of public/ private driveway
$51
22500(f)
No Parking/Stopping - On sidewalk
$51
22500 (g)
No Parking/Stopping - Obstructing Traffic
$51
22500 (h)
No Parking/Stopping - Alongside another parked vehicle
$51
22500 (i)
No Parking /Stopping - Alongside bus loading /unloading
zone
$304
22500 0)
No Parking/Stopping - In a tube /tunnel
$51
22500 (k)
No Parking/Stopping - On bridges
$51
22500(l)
No Parking /Stopping - In front of /on sidewalk access
ram
$304
22500.1
Fire Lane
$51
22502 (a)
Right wheels must be Min 18" of the curb
$51
22507.8 (c)
Handicapped Parking-Hash Marks
$304
22507.8 (a)
Handicapped Parking
$304
22514
Fire Hydrant
$51
22515
Vehicle left stopped/standing unattended
$51
22516
Locked vehicle w/ person inside unable to escape
$51
22521
No Parkin - Min 7' of railroad tracks/crossing
$51
22522
No Parkin - Min 3" of sidewalk access ram
$304
TCC Section
5330 b
Violation Description
Standing/Stopping in parkways prohibited
$51
5330 c
No Stopping/Parking
zone
$51
5330 d
2
No Parkin
- Public Works, steps, etc.
$51
5330 d
3
No Parkin
- Traffic hazard
$51
5330 d
4
No Parkin
- Appropriate signs/curbs
$51
5330 d
5
No Parkin
- Railway Tracks
$51
5330 d
6
No Parkin
- Hazard to life & property
$51
5330 d
7
No Parkin
- Maintenance, Repair, Construction
$51
5330 d
8
No Parkin
- Win 20' of a safety zone
$51
5330 d
9
No Parkin
- Win 20' of a crosswalk
$51
5330 d
10
No Parkin
- Win 20' of boulevard, sign, signal
$51
5330 a
Use of street for storage of vehicle 72 hours
$51
5330 g
Repairing or greasing vehicle on public street
$51
5330 i
2
No Parkin
- Traffic hazard school property
$51
5330 m (1)
No Parking - Temporary emergency traffic congestion
sign
$51
TCC Section
5331 a
Violation Description
24 minute parking - green curb
Penalty
$51
5331 b
40 minute parking
$51
5331 c
1 hour parking
$51
5331 d
2 hour parking
$51
5331 e
4 hour parking
$51
5331 f
8 hour parking
$51
5331 g
12 hour parking
$51
5331 h
No Parkin - left side, unless posted
$51
5331 '
Parkin w /inspace markings
$51
5331 k
No Stopping zone
$51
5331 n
No Parkin - Permit required
$51
5332 b (1)(a)
No Stopping - Red paint
$51
5332 b (1)(b)
Loading or unloading passengers- Yellow paint
$51
5332 b (1)(c)
3 minute limit - passenger or mail- White paint
$51
5332 f
Parking in alley
$51
5334
No Parkin - Street Sweeping
$51
5340 d
Commercial vehicle parking
$51
Section 2. Late Payment Penalty
A one -time late payment penalty of thirty -five dollars ($35.00) shall be added to
the total penalty amount if payment in full is not received within twenty -nine (29) days of
the issuance of the Parking Citation.
Section 3. Department of Motor Vehicles Service Fee
A one -time service fee of five dollars ($5.00) shall be added to the total penalty
amount if payment in full is not received within fifty -two (52) days of the issuance of the
Parking Citation and a vehicle registration hold is obtained through the Department of
Motor Vehicles.
Section 4. Definitions
As used in this Resolution, the term 'Parking Citation" shall mean any
administrative citation issued for an alleged violation of the Tustin City Code (TCC) and
the California Vehicle Code (CVC) Sections listed in the Schedule of Parking Penalties
set forth in Section 1 above.
Section 5. Effective Date
This Resolution shall become effective forty -five (45) days following its passage
and adoption.
PASSED AND ADOPTED by the City Counsel of the City of Tustin, at a regular
meeting on the 16th day of July.
ELWYN A. MURRAY,
Mayor
ATTEST:
JEFFREY C. PARKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Jeffrey C. Parker, City Clerk and ex- officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 13 -48
was duly assessed and adopted at a regular meeting of the Tustin City Council, held on
the 16`h day of July, 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
City Clerk